, 1887-12-17
FOR THE DEFENSE.
in Behalf of Theo. Agaz-
zie Introduced Yesterday.
The Accused Occupies the Witness
Stand Nearly Three Hours.
Insists that GiIduff Was His Friend
and Welsh An Enemy.

If preponderance of evidence would
convict, the prosecution would easily es.
tablish the truth Of the allegations set
forth in the indictment charging Theo-
dore Agazzie with the crime of murder
in the first degree. No s~upelfuous testi-
mony has been introduced, every witness
testifying to substantial facts in connec-
ton with the affair prior or subsequent
to, the occurrence of the tragedy at
Silver Crown, the 4th day of last Septem-
Der.
Witnesses for the territory continued to
testify until noon yesterday. Principally
the testimony adduced was a repetition
of that heard yesterday, with perhaps the
exception of the dispositions of Herzog
and Stanton. The story of the encoun-
ter at ia wbonc gulch, when, after a dis
pute between O'Brien and Agazzie the lat
ter was forced to retreat by Gilduff, armed
with an empty gun was heard again with
but the trifiing variations incident upon
descriptions Of the same scene by diff
fcrent observers. The minutest p~articu-
lar of the smallest happening at the time
of the twilight tragedy was brought to
light. The part taken by John Welsh in
the killing or occurrences Immediately
preceding was dwelt upon at some length
and thoroughly investigated by the de-
Tense and prosecution. His evidence was
little shaken by a most rigid
cross-examination. He readily admitted
throwing two bricks at Agazzie, but main
tanned that his threatening attitude
was assumed with the idea that the
Frenchman might be dissuaded from dis
charging the weapon in his hand. He
did not raise a hand toward the prisoner
until the first shot, the one which grazed
his own head, had been fired. The second
brick soon followed its mate.
VIM. O'Brien's evidence was very dam
aging for the defense. He related the
particulars of the melee in Jawbone gulch
and the fight between Bryant and himself
at the smelter. The latter scrimmage
precipitated the killing. O'Brien did not
deny that there had been bad blood be-
tween himself and Miller and Bryant and
Agazzie.
The prosecution having rested, testi-
mony for the defense was introduced at |
o'clock. 1t was established that the
wound inflicted upon Agazzie by Welsh
was of quite a serious nature, disabling
him for several days. The difficulty at
Jawbone gulch was reviewed from the
standpoint of the defendant.
Evidence was presented to controvert
the testimony of the prosecution in regard
to a fight between Welsh and Bryant at
the cabin of Bryant and Miller, IN which
Agazzie went to the assistance of Bryant
armed, it is claimed, with a butcher knife
and ak.
Chas. Miller, in whose employ the pris-
oner was at the time of the shooting, was
a valuable witness for the defense. He
related many circumstances in connection
with the brawl at his cabin several months
before the killing which were contradict
DRY to the version of the affair given by
others present. He saw Welsh upon the
PROSTATE form of Bryant, but did not see
"Frenchy'' appear with the weapons
which it is alleged he hastily bore to the
scene of the conflict. Miller stood within
a few feet of Gilduff when the latter met
his death and heard him murmur, "Oh,
my God" when struck by the leaden
messenger of death. He accurately de-
scribed, as he recollected them, the posi-
tons and movements of Welsh, Bryant,
O'Brien, Gilduff and Frenchy at the time
of the killing, saw Welsh arm himself
with bricks and run toward Agazzie.
shouting something about the ''d-n
Frenchman." AS a whole, Miller's testi-
mony was remarkably straightforward,
and though subjected to the closest cross
questioning, he failed to vary materially
from his original statements made in the
examination in chief.
The most interesting testimony of the
day was that of the defendant himself.
1t was the feature of the case to those
attending the trial from the promptings
of morbid curiosity and the desire to see
and hear something out Of the ordinary.
Contrary to expectations, he did not
become confused, though a trifle uneasy
at times and insisting upon the removal
of an interpreter upon one occasion. Dur
ing a portion of the examination the de-
tense required the services of two trans
lators, but the questions and answers be-
coming unrecognizable after circuitous
transmission, both Interpreters were dis
pensed with, and proceedings thus greatly
facilitated.
Agazzie positively denies the statements
of Messrs. Herzog and Stanton in regard
to interviews held with these gentlemen a
few hours prior to the killing. Hcrzog,
it will be remembered, testified that
Frenchy asserted in unmistakable terms
that he would kill both Gilduff and
Welsh, saying that they had assaulted
him in ,JaWbone pnlch.